I have posted on numerous occasions about the U.S. Department of Transportation’s disadvantaged business enterprise (DBE) program. The DBE program is especially relevant to public contractors and subcontractors performing work for PennDOT, SEPTA, the Philadelphia International Airport, the Philadelphia Streets Department, the Port Authority of Allegheny County, and other public entities in Pennsylvania that are managing projects funded with federal transportation dollars.
In this post, I’ll provide some limited background information and links about the DBE program and how the program operates and what rules and regulations apply.
According to the DOT website on the DBE program:
The Department’s Disadvantaged Business Enterprise (DBE) program is designed to remedy ongoing discrimination and the continuing effects of past discrimination in federally-assisted highway, transit, airport, and highway safety financial assistance transportation contracting markets nationwide. The primary remedial goal and objective of the DBE program is to level the playing field by providing small businesses owned and controlled by socially and economically disadvantaged individuals a fair opportunity to compete for federally funded transportation contracts.
On the background of the DBE program:
DOT’s Operating Administrations distribute substantial funds each year to finance construction projects initiated by state and local governments, public transit and airport agencies. DOT has the important responsibility of ensuring that firms competing for DOT-assisted contracts for these projects are not disadvantaged by unlawful discrimination. The Department’s most important tool for meeting this requirement has been its DBE program, which originally began in 1980 as a minority/women’s business enterprise program established by regulation under the authority of Title VI of the Civil Rights Act of 1964 and other nondiscrimination statutes that apply to DOT financial assistance programs.
If you want to watch a short video describing the DBE program, click here.
Do you qualify as a DBE? Find out here.
If are you ready to apply for DBE certification through the Pennsylvania Unified Certification Program, click here.
For the relevant laws and policy guidance on the DBE program, click here.
To report DBE fraud and abuse, click here.
The DBE program is complicated and is governed by complex rules and regulations. When dealing with the DBE program, it is advisable not to go it alone. If you are a prime contractor needing assistance, call or email me for a free consultation. If you are a DBE and have issues concerning certification, commercially useful function, and regular dealer status, or if you are interested in becoming a certified DBE, you can also call or email me for a free consultation.
Christopher I. McCabe, Esq.
